No Prohibition Against Quashing Criminal Proceedings Even After Charge Sheet Is Filed : Supreme Court

The Supreme Court reiterated that there is no prohibition against quashing criminal proceedings even after the charge sheet has been filed.

The bench comprising Justices PS Narasimha and Pankaj Mithal held so while quashing the domestic cruelty case against the accused after noting that no new allegations were discovered against the accused even after filing the charge sheet as it remained the same as recorded in the First Information Report.

Reference was drawn to precedents where the court categorically held that there is no bar for the High Court to exercise their inherent powers under Section 482 Cr.P.C. to quash the criminal case even after filing of the charge sheet during the pendency of the quashing petition.

"There is no prohibition against quashing of the criminal proceedings even after the charge sheet has been filed," the Court said.

In Mama Shailesh Chandra v. State of Uttarakhand, the court opined that “even if the charge sheet had been filed, the Court could still examine if offences alleged to have been committed were prima facie made out or not on the basis of the F.I.R., charge sheet and other document”.

Also, the court cited the case of Anand Kumar Mohatta vs. State (NCT of Delhi) where it was held that the criminal proceedings can be interfered with by the High Court to prevent abuse of process even after filing the charge sheet if the court believes that the charge sheet makes out no offence against the accused.

“There is nothing in the words of this section which restricts the exercise of the power of the Court to prevent the abuse of process of court or miscarriage of justice only to the stage of the FIR. It is settled principle of law that the High Court can exercise jurisdiction under Section 482 CrPC even when the discharge application is pending with the trial court. Indeed, it would be a travesty to hold that proceedings initiated against a person can be interfered with at the stage of FIR but not if it has advanced and the allegations have materialised into a charge-sheet. On the contrary it could be said that the abuse of process caused by FIR stands aggravated if the FIR has taken the form of a charge-sheet after investigation. The power is undoubtedly conferred to prevent abuse of process of power of any court.", the court observed in Anand Kumar Mohatta's case.

Also From Judgment: 'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Case Title: KAILASHBEN MAHENDRABHAI PATEL & ORS. VERSUS STATE OF MAHARASHTRA & ANR., CRIMINAL APPEAL NO. 4003/2024

Citation : 2024 LiveLaw (SC) 753

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